United States v. Szabo

Defendant appealed his conviction under 38 C.F.R. 1.218(a)(5), which prohibits causing "disturbances" at VA facilities. The court concluded that the conduct for which defendant was convicted did not constitute protected speech because it involved a "true threat" of violence; even if defendant's conduct did constitute protected speech, section 1.218(a)(5) would not be unconstitutional as applied to his conduct where it is a viewpoint neutral regulation and the regulation was reasonably applied to defendant; the regulation was not unconstitutionally vague as applied to defendant's conduct where defendant's actions unambiguously fell within section 1.218(a)(5)'s prohibition on "loud" and "abusive" language and on "conduct...which creates loud or unusual noise"; and, therefore, defendant's as-applied challenges to the regulation failed. In regard to defendant's facial challenges, the court rejected defendant's overbreadth challenge where 38 U.S.C. 502 deprives the court of jurisdiction and section 502's jurisdictional bar does not violate defendant's right to due process. Accordingly, the court affirmed the judgment of the district court with regard to defendant's as-applied challenges and dismissed this appeal for lack of jurisdiction with regard to his facial challenge. View "United States v. Szabo" on Justia Law